IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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1.1 


Hi,  §23.    M2.S 
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HiotDgraphic 
•  Sciences 
Corporation 


23  WISV  -.W'.'W  '"tfRV 

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CIHM/ICMH 

Microfiche 

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CIHM/ICMH 
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D 
D 
D 
D 


Coloured  covers/ 
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Covers  damaged/ 
Couverture  endommagte 

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Couverture  restaurte  et/ou  pelliculAe 

Cover  title  missing/ 

Le  titre  de  couverture  manque 


I      I    Coloured  maps/ 


D 
D 
D 
D 

D 


0 


Cartes  gAographiques  en  couleur 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couteur  (i.e.  autre  que  bleue  ou  noire) 


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T 
to 


T! 

P' 
o 
fi 


O 

bi 
th 
si 

01 

fij 
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or 


D 


Only  edition  available/ 
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obtenir  la  meilleure  image  possibla. 


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rei 
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Additional  comments:/ 
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SonM  pages  are  photoreproductiont. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film*  au  taux  de  rMuction  indiqu*  ci-dessous. 

10X  UX  18X  22X 


26X 


30X 


7 

12X 


16X 


20X 


24X 


28X 


m 


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The  lest  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^  (meaning  "CON- 
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whichever  applien. 


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fiimage. 

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dernlAre  page  qui  comporte  une  empreinte 
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premiere  page  qui  comporte  une  empreinte 
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la  dernlAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaltra  sur  la 
dernlAre  Image  de  cheque  microfiche,  seion  le 
cas:  le  symbols  — ►  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN". 


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df^erent  reduction  ratios.  Those  too  large  to  be 
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beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  Illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
fiimte  A  des  taux  de  rMuctlon  diff^rents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  cllch*,  11  est  film*  A  partir 
de  I'angle  supArleur  gauche,  de  gauche  k  droits, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'Images  n^cessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

^:' 


mammmmmi'-'ij: 


c> 


Jan.  Ses8.  1828.1 

y 
■r    . 


[Doc.  No.  18. 


^?i  r'*: 


REPORT 


OF 


,•? 


* 


« 


AGENT  APPOINTED   BY  THE    EXECUTIVE 


,\  '    ^■' 


OF   THB 


STATE  OF  MAINE, 


-    '   A-' 


■*  ..y 


I 


To  inquire  into  and  report  upon  certain  facts  relating  to  aggressions 
upon  the  rights  of  the  State ^  and  of  individual  citi- 
zens there<f^  by     inhabitants  of    the 
province  of  Mw-Brunswick. 


i;' 


■f" 

Printed  by  Order  or  the  Legislature.  :  :      ,~ 

.  A^:    ,                                V',    ■ 

1 

:                 '- 

r* 

■'    PORTLAND,      ■':.  il-'^-^J'.A;" 

■  ■^ 

TKOMAi    TODD,   PRINTBH    TO   THB   eTATS. 

1828. 


■  I 


MM 


1-1X^2 


STATE   OF  MAINE. 


IN  SENATE,  Feb.  6,  1828. 

The  Joint  Select  Committee  to  whom  was  referred  the 
communication  from  the  Governor  of  the  2d  inst  with  the 
Report  of  the  Agent,  appointed  by  the  Executive  of  this  State, 
to  inquire  into  and  Report  upon  certain  facts  relating  to  ag- 
gressions upon  the  rights  of  the  State  of  Maine,  and  of  indi- 
vidual citizens  thereof  by  inhabitants  of  the  Province  of  New- 
Brunswick,  and  also  the  accompanying  documents,  have  care- 
fully examined  the  bame  and  recommend  that  Five  hundred 
copies  of  the  Report  of  the  said  Agent  be  printed;  three  hun- 
dred thereof  for  the  use  of  the  members  of  the  Legislature  and 
the  remaining  two  hundred  to  be  disposed  of  at  the  pleasure  of 
the  Governor:  the  Committee  also  recommend  the  passage  of 
the  Resolve,  which  is  herewith  submitted. 

JOHN  L.  MEGQUIER,  Chairman. 


In  Senate,  Feb.  6,  1828. 
Read  and  accepted — Sent  down  for  concurrence. 

ROBERT  P.  DUNLAP,  President. 


House  of  Representatives^  Feb.  7j  1828. 

The  House  so  far  concur  with  the  Senate  as  to  accept  that 
part  of  the  Report  which  relates  to  the  printing  and  distribu- 
tion of  the  aforesaid  Agent's  Report. 

JOHN  RUGGLES,  Speaker. 


r 
r 

i] 


REPORT. 


SIR, 


Portland,  January  31st,  1828. 


I  have  already  acquainted  your  Excellency  with  my 
proceedings  at  Fredericton,  and  the  manner  in  which 
I  had  performed  the  duty  assigned  to  me  by  your  ap- 
pointment, within  the  province  of  New- Brunswick. 

In  pursuance  of  the  further  appointment  to  inquire 
into  the  nature  of  aggressions  complained  of  as  hav- 
ing been  committed  by  inhabitants  of  New-Brunswick 
upon  persons  residing  near  the  frontier,  within  the  lim- 
its of  this  State,  I  endeavored  to  prosecute  the  inqui- 
ry and  to  obtain  correct  information  by  the  best  means 
ihat  were  in  my  power.  In  the  actual  condition  in 
which  your  Excellency  will  perceive  the  whole  inhab- 
ited portion  of  the  country  bordering  upon  the  river 
St.  John  or  any  of  its  branches,  within  our  boundary, 
or  the  region  that  is  now  termed  disputed  territory,  to 
be,  it  will  be  for  your  Excellency  to  judge  with  what 
benefit  I  could  have  proceeded  to  the  highest  points  of 
American  settlement,  without  the  advantage  of  a  sanc- 
tion from  the  adjoining  authority.  It  happened,  how- 
ever, that  I  was  enabled  in  company  with  the  gentle- 
man appointed  to  make  corresponding  inquiries  by  the 
President  of  the  United  States,  to  see  several  persons, 
who  had  come  to  Houlton  from  the  country  above  the 
river  Madawaska,  in  consequence  of  the  state  of  things 
there  existing,or  who  were  engaged  in  opening  a  winter 
road,  as  a  communication  for  the  people  living  on  the 
river  Aroostook,  direct  to  that  plantation.  The  state- 
ments of  these  persons  were  taken  under  oath,  at  my 
request,  before  a  magistrate  of  the  county  of  Wash- 
ington.    Other  testimony  has  been  also  collected  in 


the  same  form  by  another  respectable  magistrate  of 
the  same  county,  among  the  settlers  on  the  Aroosiook: 
and  other  evidence  has  likewise  been  obtained,  from 
which  your  Excellency  may  be  able  in  some  measure 
to  fill  up  the  outline  thus  exhibited  in  re<^ard  to  the 
true  state  of  affairs  in  that  quarter.  It  is  proper  for 
me  to  say  that  I  should  not  have  been  deterred  from 
undertaking  to  complete  it,  by  any  apprehension  of 
inconvenience;  but  my  situation  was  not  perfectly  free 
from  embarrassment  ;  time  had  been  consumed  by 
circumstances  beyond  my  expectation  or  control,  and 
obstacles  existed  to  my  progress,  which  would  have 
rendered  it  dilhcult  to  procure  positive  ttjstimony  any 
where  in  the  district  of  country  upon  the  river  St. 
John,  extending  above  tho  river  Madawaska. 

The  first  course  ol  inquiry  relates  to  the  condition 
of  settlers  on  the  river  Aroostook.  The  rights  of  the 
Commonwealth  of  Massachusetts  were  exercised  upon 
the  territory  situated  on  this  river,  at  a  very  early  pe- 
riod after  the  source  of  the  St.  Croix  was  settled  un- 
der the  Convention  of  1794.  In  executing  this  Con- 
vention it  was  distinctly  admitted  by  the  representa- 
tive's of  the  British  government  in  this  country,  that 
the  boundary  line  of  the  treaty  of  1783  crossed  the  St. 
John.  Grants  were  accordingly  made  by  the  legisla- 
ture of  Massachusetts  of  sections  of  land  embracing 
both  banks  of  the  Aroostook  and  bordering  on  the 
boundary  line,  namely — one  to  the  town  of  Plymouth 
and  one  to  General  Eaton,  Locations  of  these 
lands  were  made,  and  surveys  were  commenced  under 
the  authority  of  31assachusetts,  and  lines  were  run 
around  one  of  the  tracts,  more  than  twenty  years  ago; 
and  lottings  were  made  in  the  year  1812, 

Tliese  acts  were  performed  in  the  presence  of  the 
Provincial  Government  established  on  the  borders  of 
the  river  St.  John.  That  stream  afforded  the  only 
communication  then  open  to  this  country,  and  thence 
supplies  and  assistants  were  procured  for  the  purpose 
of  making  the  above  survey  in  18U6  or  1807.     It  is 


5 

not  known  that  any  further  acts  wore  exercised  on  he- 
half  of  the  original  proprietors  of  these  granted  lands, 
or  that  any  improvements  were  made  upon  them  prior 
to  the  late  war  with  Great  Britain.  The  further  oc- 
cupation of  this  remote  frontier  for  the  purpose  of  a;^- 
riculture  was  necessarily  suspended  during  that  peri- 
od ;  nor  is  it  known,  that  there  was  a  single  settler  of 
any  description  upon  the  Aroostook,  when  this  inter- 
ruption ceased,  at  the  conclusion  of  peace  in  1815. 
This  event  was  succeeded  by  a  course  of  seasons  and 
circumstances  unfavorable  to  the  progress  of  popula- 
tion and  improvement  in  that  quarter  ;  and  also  by  the 
measures  which  ensued  for  the  separation  of  Maine. 
Upon  the  establishment  of  tliis  State,  the  survey  of 
this  section  of  country  was  resumed  by  a  joint  com- 
mission of  the  two  States,  for  the  purpose  of  divid- 
iwf  their  common  property,  pursuant  to  the  provisions 
of  the  Act  of  Separaiion,  according  to  the  direction 
of  their  respective  lei.:islatures.  The  pro.^^ress  oi  these 
surveys  was  observed  in  the  province  of  New-Bruns- 
wick, and  they  have  been  extended  over  nearly  all  the 
country  in  the  territory  of  Maine  watered  by  the  Aroos- 
took. 

It  was  discovered,  that  trespasses  were  committed 
on  this  territory  by  persons  belonginf?  to  the  province, 
in  cutting  timber.  Opportunity  had  existed  for  pur- 
suing such  practices  with  impunity,  in  the  open  and 
unguarded  state  of  the  country,  from  the  ease  of  ac- 
cess thereto  by  persons  engaged  in  that  business  from 
the  river  St.  John.  This  operation  was  arrested  by 
the  authority  of  this  State,  and  partial  indemnity  ob- 
tained for  the  trespasses  that  had  taken  place,  and, 
upon  objection  being  made,  the  practice  of  granting 
licenses  for  this  purpose,  which  it  was  presumed 
had  issued  improvidently,  was  relinquished  by 
the  government  of  New-Brunswick.  Subsequent  to 
the  last  census,  and  the  adoption  of  the  above  pro- 
ceedings by  the  authority  of  this  State,  in  connexion 
with  Massachusetts,  a  number  of  persons,  some  citi- 
zens of  the  United  States,and  others  formerly  belong- 


I 


J' 


n 


• 

ing  to  the  British  provinces,  principally  descendants 
of  persons  born  in  this  country,  out  of  the  province  of 
New-Brunswick,  before  the  revolution,  have  settled  on 
this  territory.  A  few  foreigners  are  intermixed  with 
the  Americans,  and  a  small  number  of  Irish  are  un* 
derstood  to  have  planted  themselves  in  the  neighbor- 
hood of  the  line.  Some  seem  to  have  gone  on  under 
the  persons  who  have  cut  timber.  With  whatever  im- 
pression the  original  trespassers  may  have  gone  on, 
the  present  settlers  appear  to  have  established  them- 
selves generally  in  that  country  under  the  opinion,  that 
it  was  American  territory.  They  understood  that 
they  were  within  the  boundary  line,  as  it  had  been  re- 
peatedly run.  They  were  so  informed  by  respectable 
persons,  and  assured  to  the  same  effect  by  public 
agents.  They  learned  that  a  part  of  the  land  had  been 
granted  by  the  government,  and  knew  that  the  country 
was  surveyed  by  the  States ;  and  their  object  was  to 
obtain  title  of  confirmation  to  their  possessions,  either 
from  the  proprietor  or  the  States.  It  is  believed 
that  these  remarks  apply  to  all  the  native  Americans; 
and  the  only  exceptions  to  them  are  understood  to  be 
individuals  of  foreign  extraction.  The  population  of 
this  settlement  is  represented  to  be  of  the  same  gen- 
eral description,  which  has  been  formed  on  the  new 
American  settlements  in  the  vicinity  of  Houlton.  The 
traits  of  character  by  which  their  appearance  and  con- 
duct are  chiefly  marked,  are  industry,  activity,  hardi- 
hood, sense,  and  honesty. 

These  settlers  have  only  an  equitable  title  to  their 
lands,  some  of  which  they  have  cleared  up  and  culti- 
vated, and  from  which  they  have  taken  good  crops  for 
several  successive  seasons.  They  have  made  some  at- 
tempts to  avail  themselves  of  the  advantages  afforded 
upon  their  streams  for  the  erection  of  gristmills,  which 
have  not  been  fortunate ;  and  their  means  for  this 
purpose  are  quite  inadequate. 

The  settlers  of  this  section  have  been  peculiarly 
situated.  They  are  nearly  isolated  from  jthe  rest  of 
the  community.     They  have  not  enjoyed  the  benefit 


of  any  legal  magistracy,  nor  the  advantage  of  any  in- 
ternal intercourse,  being  surrounded  with  wilderness 
except  by  the  circuitous  course  of  the  St.  John  to- 
ward Houlton.  The  connexions  of  these  people  have 
been  necessarily  with  that  river,  where  they  have 
sought  a  market  or  conveyance  for  their  produce,  and 
whence  they  have  been  obliged  to  derive  their  supplies. 
The  American  inhabitants,  whose  concerns  have  car- 
ried them  towards  the  river  St.  John,  have  been  ex- 
posed to  a  system  of  municipal  regulations  or  inhibi- 
tions, o  arating  on  articles  of  domestic  produce,  and 
suhjec  ing  it  to  seizure  any  where  in  its  transit.  The 
manner  in  which  some  of  these  regulations  have  been 
put  in  force  will  appear  from  affidavits  of  persons  be- 
longing a  considerable  distance  below  the  Aroostook. 
Instances  of  this  description  are  complained  of  as 
numerous ;  but  as  they  principally  relate  to  acts  of 
authority  performed  within  the  province  of  New- 
Brunswick,  as  some  of  the  offices  which  produced 
these  vexations  have  been  abolished,  and  as  some  mo- 
dification has  lately  taken  place  in  the  provisions  of 
province  law  on  this  subject,  the  effect  of  which  is  not 
fully  understood,  the  inquiry  has  not  been  extended 
how  far  they  have  been  applied  to  any  individuals 
above.  Seizures,  however,  under  some  pretext,  seem 
to  have  been  committed  on  the  Aroostook. 

The  settlers  upon  the  Aroostook,  in  addition  to  their 
ordinary  privations,  have  been  affected  by  the  general 
depression  occasioned  by  the  recent  embarrassment  of 
business  and  injury  to  credit  among  the  larger  dealers 
upon  the  river  St.  John ;  and  it  is  natural  to  suppose 
that  they  may  have  thus  found  it  difficult  to  obtain 
the  means  to  satisfy  debts,  generally  small,  which  they 
owe  upon  the  river ;  and  they  are  not  able  to  defray 
the  expenses  attached  there  to  litigation.  On  the  oth- 
er hand,  the  American  territory  has  afforded  them  no 
asylum.  No  acts  of  pretended  authority,  however,  in 
violation  of  the  jurisdiction  of  this  State,  under  pre- 
text of  judicial  power,  are  known  to  have  taken  place 
nntil  a  comparatively  late  period.     Mr. George  More- 


' ;  i 


T 


If 


1^ 

I" 


H 


8 

• 

house  resides  at  Tobique,  on  the  opposite  hank  of  the 
8t.  John,  within  a  parish  recently  t'ornied  by  the  name 
of  Kent ;  he  tbnnerly  bore  the  commission  of  a  sub- 
aitern  olHcer  in  the  army  ;  and  at  present  it  is  stated 
actually  exercises  a  commission  of  the  Peace  for  the 
county  of  York.  For  two  or  three  years  past  he  ap- 
pears to  have  been  in  the  habit  of  issuing  precepts  di- 
rected to  the  Constables  of  the  parish  of  Kent,  for 
the  recovery  of  small  demands,  against  inhabitants  on 
the  Aroostook.  One  other  person,  supposed  to  be  a 
provincial  magistrate,  is  mentioned  as  liaving  issued  a 
single  precept  in  like  manner;  and  service  of  these 
precepts  is  made  upon  inhabitants  many  miles  within 
the  boundary  line,  by  persons  undertaking  to  act  as 
Constables  of  the  parish  of  Kent.  The  manner  in 
which  these  persons  proceed  to  execute  their  otiices, 
some  with  more  mildness  and  civility,  and  one  who  is 
represented  as  generally  coming  armed^  and  treating 
them  with  greater  harshness,  is  deta'lf  d  in  several  a!ii- 
davits.  In  the  execution  of  these  precepts  it  appears 
that  the  cattle  and  moveables  of  the  inhabitants  are 
subjected  to  be  taken  and  immediately  carried  away, 
to  be  disposed  of  within  the  British  territory ;  and 
that  the  practice  is  extended  to  take  articles  of  pro- 
perty belonging  to  the  debtor,which  are  exempted  from 
attachment  and  execution  by  the  laws  of  this  State. 
In  one  instance  it  appears,  that  the  same  cow,  being 
the  last  and  only  one,  was  taken  twice  on  a  warrant  or 
warrants  from  Mr.  Morehouse,  issued  on  the  saoie de- 
mand, the  second  seizure  being  on  account  of  costs. 
The  inhabitants  thejnselves  have  also  been  arrested  on 
these  precepts,  and  not  being  able  to  find  bail  where 
none  could  be  legally  taken,  are  removed  as  fast  as 
possible  over  the  lines  to  places  of  safety  within  the 
province,  where  they  may  be  able  to  procure  sureties, 
or  settle  the  debts,  or  otherwise  make  their  peace  with 
the  officer  or  the  magistrate. 

This  practice  app<  irs  to  have  prevailed  with  some 
frequency.  One  or  two  cases  appear  to  haveo.csir- 
red  in  connexioa  with  this  practice  of  Mr.  MoreliQuse 


in  which  precepts  have  been  served,  either  from  him 
or  from  authority  further  below,  by  a  Mr.  Craig,  Dep- 
uty Sheriff  of  the  County  of  Yoi  k.  One  of  the  settlers 
on  the  Aroostook  was  solicited  by  Mr.  Morehouse 
to  act  as  constable  for  the  parish  of  Kent,  but  after 
being  qualified  by  him,  declined  to  serve.  It  is  possi- 
ble, that  instances  have  occurred,  in  which  settlers 
above  the  line,  from  want  of  other  resort,  may  have 
been  led  incautiously,  or  from  different  motives  indu- 
ced, to  apply  to  Mr.  Morehouse. 

But  the  difficulties  to  which  the  inhabitants  have 
been  subjected  in  consequence  of  this  practice,  the 
disproportionate  amount  of  expenses,  attached  to  the 
"Collection  of  small  demands,  and  the  certainty  of  the 
law,  as  they  consider  it  to  be  administered  by  Mr. 
Morehouse,  seem  to  have  produced  an  endeavor  to 
adjust  disputes  among  themselves,  by  a  species  of 
submission  to  referees,  and  thereby  avoid  the  autho- 
rity undertaken  ito  be  exercised  among  them  by  the 
officers  of  the  parish  of  Kent  or  the  county  of  York. 

That  this  state  of  things  should  have  resulted  in 
the  collisions,  that  have  occurred  between  the  persons 
despatched  by  Mr.  Morehouse  and  the  people  living 
on  the  Aroostook,  is  rather  a  subject  of  regret  than  a 
matter  of  surprise.     In  the  absence  of  any  regular 
administration  of  justice,  having  adopted  the  principle 
of  an  equitable  arbitration,  to  which  they  undertook 
to  yield  voluntary  deference,  the  inconvenience  of  hav- 
ing its  first  operation  overruled' by  the  order  of  Mr, 
Morehouse  seems  to  have  led  to  a  sort  of  after  con  • 
sideration  or  inquiry  respecting  the  bounds  of  the  par- 
ish of  Kent ;  and  consequently   into  a  question  con- 
cerning the  applicability  of  Mr.  Morehouse's  author- 
ity within  the  American  boundary.     Admitting  that 
authority  to  extend  to  the  settlement  on  the  Aroos- 
took, the  opposition  into  which  Dalton  and  others,  who 
undertook  to  aid  Arnold  in  the  recovery  of  his  cow^ 
were  betrayed,  would  be  clearly  without  justification. 
At  all  events  it  is  obvious,  that  the  state  of  doubt  which 
has  thus  been  cast  upon  their  condition,  has  led  to  the 
2 


r 
11 


:4 


r.\ 


•  I 

I 

I 


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10 


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I ' 


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H 


unfortunate  consequences  of  irregular  reprisal ;  and 
however  it  may  be  dejined  a  measure  of  venial  offence 
against  unauthorized  aggression,  it  has  involved  the 
well  meaning  and  otherwise  unoffending  inhabitants  of 
this  settlement  in  the  evils  of  a  state  of  border  war- 
fare. Several  illustrative  details  are  exhibited  in  the 
affidavits.  The  inhabitants  of  the  Aroostook,  while 
they  have  thus  been  subject  to  process  from  Mr.  More- 
house, do  not  seem  to  have  been  considered  by  him  as 
being  entitled  to  the  protection  of  the  government 
which  he  undertakes  to  personate.  Early  last  spring 
he  appeared  among  them,  and  forbid  their  working  on 
the  laids  and  continuing  their  usual  labors  of  clearing 
and  cultivation,  to  get  a  living.  He  posted  up  written 
notices  to  this  effect  on  the  Eaton  grant,  and  in  different 
places;  and  marked  some  small  parcels  of  lumber,  which 
they  had  cut,for  seizure.  It  was  shortly  af\er  this  period 
that  GeorgeField,  whose  affidavit  is  exhibited,  appears 
to  have  left  the  country  in  consequence,ashe  says,orthe 
inconveniences  to  which  he  was  exposed,and  went  with 
his  family  toHoulton.  These  settlers  seem  to  have  been 
generally  regarded  by  Mr.  Morehouse  in  some  light 
as  a  sort  of  outlaws,  or  wild  people,  who  had  no  prop- 
er habitancy,  and  were  liable  to  be  dealed  with  in  any 
manner  that  might  please  the  province  of  New-Bruns- 
wick or  its  proper  officers.  In  no  legal  light  do  they 
seem  to  have  been  regarded  as  subjects,  except  as  tres- 
passers and  intruders  on  crown  lands,  liable  to  judi- 
cial process;  and  under  color  of  some  such  character, 
measures  appear  to  have  been  subsequently  applied 
to  divest  them  of  their  property,  and  expel  them  from 
their  possessions. 

Early  in  the  month  of  July  last,  Daniel  Craig 
came  with  the  first  writ  from  Mr.  Morehouse  to  take 
the  cow  that  Arnold  had  of  M'Crea  ;  and  also 
delivered  summonses  to  the  settlers  to  appear  forthwith 
before  the  Court,  which  was  then  on  the  point  of 
sitting  at  Fredericton,  to  answer  to  the  King  of 
Great  Britain,  in  pleas  of  trespass  and  intrusion  on 
crown  lands.     This  process  was  served  by  liii  indis- 


.1 


II 

It 

criminately  on  all  the  inhabitants,  including  the  citi- 
zens of  the  United  States,  as  well  as  those  born  in 
the   provinces,  or  others.     This   sudden  proceeding 
naturally  produced  a  sfate  of  confusion  and  conster- 
nation  amons;  the  settlers.     No  time  was   afforded 
them  to   deliberate.     It   was   necessary  to  set   out 
immediately   in   order  to  arrive   in   season.      Some 
concluded   to  go,  and   others    determined   to    stay. 
Some  proceeded  part  way,  and  then  returned  home. 
•Others  kept  on  their  journey  to  Fredericton ;  among 
whom   were  some   of  the  Atnericans.     Those,  who 
continued  to  the  end,  were  su'>jected  to  severe  priva- 
tions, and  were  obliged  to  remain  several  days,  with- 
out means  av  support,  or  being  able  to  obtain  any 
other  satisHiction,  than  that  it  would  be  necessary 
to  appear  again  the  present  winter.     The  narrative 
of  these  circumstances  is  contained  in  some  of  the 
affidavits,  and  may  suffice  to  convey  an  impression 
of  the  embarassment  and  distress  occasioned  among 
these  settlers  by  the  service  of  this  process. 

The  affair  which  followed  soon  after  respecting  the 
taking  and  retaking  of  the  cow,  which  was  adjudged 
by  the  referees  to  belong  to  Arnold,  on  the  warrant 
of  Mr.  Morehouse,  accompanied  vyith  a  sense  of  their 
having  exposed  themselves  to  his  displeasure,  and. 
perhaps  to  the  whole  force  of  authority  from  New- 
Brunswick,  operated  with  the  menaces  of  the  consta- 
ble employed  on  that  occasion,  and  the  conduct  of  the 
Irishmen  at  the  lines,  and  the  reports  which  they 
received  now  and  then  from  below,  to  keep  the  in- 
habitants of  Aroostook  in  a  continual  state  of  agita- 
tion and  alarm.  They  were  particularly  threatened 
with  a  visit  by  a  larger  party  than  the  former,  to 
punish  tho^e  who  were  engaged  in  that  affray,  and 
put  an  end  to  any  further  spirit  of  opposition  by 
destroying  all  means  of  resistance,  or  removing  the 
inhabitants  from  the  settlement.  The  reality  of  the 
apprehensions  entertained  by  the  persons  who  were 
concerned  m  that  affair,  is  attested  by  the  circum- 
stances of  their  being  afraid  to  occupy  their  own 


-1 
.  it 


t 


it 


i  1       11 

'J 
i  * 


i 


I 
I 


/ 


12 

habitations,  lodging  about  in  difTereut  places,  in 
barns,  or  in  the  woods,  mustering  together  for  the 
night  in  larger  or  smaller  parties,  or  separating  for 
greater  security.  The  statements  of  several  of  the 
settlers  on  this  subject  relate  to  particulars  within 
their  experience  or  knowledge. 

A  circumstance,  that  may  seem  not  to  have  dimin- 
ished the  ground  of  these  apprehensions,  occurred 
some  time  in  the  month  of  November  last.  The 
dwelling  of  Ferdinand  Armstrong  was  entered  about^ 
break  of  day  by  a  small  party  from  below,  who  seized 
his  brother  James  Armstrong,  soon  after  he  had  risen 
from  bed,  and  conveyed  him  in  a  canoe,  without  loss 
of  time,  out  of  the  territory.  He  was  obliged  to 
give  up  articles  of  wearing  apparel,  and  part  with 
what  means  he  had,  in  order  to  obtain  hi»  release,  the 
party  pretending  to  have  authority  to  compel  payment 
of  a  debt  and  costs.  Threats  were  also  uttered  that  men 
and  horses  were  coming  up  the  first  sledding,  to  take 
those  who  were  concerned  in  the  offence  about  taking 
the  cow  away.  Richard  Inman,  who  was  particu- 
larly mentioned  as  of  the  coming  party,  appears  to  be 
one  of  the  persons  previously  employed  by  Mr. 
Morehouse,  and  whom  the  settlers  were  most  afraid 
of,  in  consequence  of  his  practice  of  visiting  them 
with  arms. 

in  consequence  of  these  occurrences  and  impres- 
sions, the  inhabitants  of  the  Aroostook  have  been 
afraid  to  go  down  to  the  river  St.  John,  either  to 
mill,  or  to  obtain  their  necesst^ry  supplies,  and  have 
undertaken  the  present  winter  to  effect  a  communica- 
tion Nviih  Houlton,  by  cutting  out  a  road  altogether 
within  the  American  territory.  They  were  employed 
upon  it  the  lust  of  December,  and  judged  they  were 
about  abreast  of  Mars  hill,  and  hoped  to  accomplish 
it  in  about  thirty  working  days.  The  pioneers  em- 
ployed to  mark  out  the  direction  had  found  their  way 
.  out  at  Fox<:rof't,  after  enduring  intense  cold,  and  suf- 
fering most  severe  hardships, 


\ 


19 


The  condition  of  the  inhabitants  of  the  Aroostook 
may  be  shortly  summed  up.  They  are  of  the  same 
general  description  as  those  that  have  made  purchases 
and  improvements  within  the  new  townships  or  plan- 
tations on  the  American  territory,  living  in  the  neigh- 
borhood of  each  other  and  of  the  river  St.  John.  They 
are  upon  land,  of  which  grants  and  surveys  were 
commenced  several  years  ago,  sometime  before  the 
war  with  Great  Britain,  under  the  authority  of  Mas- 
•  sachusetts,  without  remonstrance  or  objection  from 
New-Brunswick.  They  have  settled  upon  the  terri- 
tory along  thirty  miles  into  the  interior,  without  title, 
subject  to  the  rights  of  the  proprietor  or  the  proprie- 
taries, and  to  the  laws  of  this  State,  then  established. 
They  acknowledge  its  authority,  and,  as  it  would 
seem  to  follow,  are  entitled  to  its  protection.      !•>,  i^- 

The  authority  of  JNew  Brunswick  cannot  apply  to 
them  on  the  ground,  that  any  of  them  had  been  for- 
merly inhabitants  of  that  province,  any  more  than 
that  of  Maine  extends  to, its  citizens  in  New  Bruns- 
wick. A  government  has  no  power  to  cause  precepts 
to  be  executed  upon  its  own  subjects  in  a  foreign 
jurisdiction.  The  Government  of  the  United  States- 
shields  aliens  who  are  residents,  and  are  well  affected 
towards  its  principles,  and  wish  to  become  citizens. 
But  several  of  them  are  American  citizens. 

The  actual  survey  and  occupation  of  this  whole 
country,  under  the  public  authority  of  Maine  and 
Massachusetts,  were  entitled  to  consideration  from 
the  province  of  New-Brunswick.  These  acts  were 
at  least  to  be  respected,  as  assertions  of  right,  on  the 
part  of  those  two  States^  and  some  regard  might 
have  been  had  to  the  circumstance,  that  this  right 
was  originally  exercised  under  ignorance  of  any 
adverse  claim,  and  long  before  any  was  advanced. 
On  the  other  hand,  no  act  had  ever  been  exercised 
on  this  territory  by  the  government  of  New  Bruns- 
wick, except  in  permitting  its  subjects  to  cut  timber 
the  same  as  on  crown  lands. 

So  irregular  a  practice  could  not  be  sanctioned 


.J 


i\ 


id 


71 


I  1*' 


Iff 


'■p 


i" 


§ 


1^' , 


14 

•r  sustained;  and  in  compliance  wiih  the  sense  of  the 
superior  government,  it  is  supposed,  that  the  preten- 
sion was  relinquished  as  untenable,  with  a  fairness  of 
profession  which  gave  it  credit.  The  power  of  remo- 
ving the  trees  from  the  territory,  brought  into  dispute, 
has  been  abandoned  ;  and  a  new  practice  has  taken 
place,  to  wit,  that  of  removing  the  people  there  plan- 
ted. If  this  principle  can  be  supported,  it  abrogates 
the  whole  authority  of  the  State  of  Maine  over  this 
portion  of  its  territory. 

The  next  course  of  inquiry  relates  to  the  state  of 
things  upon  the  territory  of  Maine  upon  the  river  8t. 
John,  within  the  boundary  line,  which  crosses  that 
rive/,  about  three  miles  above  the  Grand  Falls,  where 
the  navigation  of  the  river  is  interrupted,  and  where  it 
was  contemplated  on  the  part  of  Great  Britain,  in  de- 
termining the  St.  Croix,  that  the  meridian  would  cross. 
It  may  be  proper,  in  the  first  place,  to  advert  to  the 
situatior  of  a  colony  of  French  settlers  which  planted 
themse.ves  within  our  territory,  principally,  if  not 
entirely,  since  the  acknowledgment  and  establish- 
ment of  the  bounds  of  Massachusetts,  by  the  treaty 
of  1783.  This  settlement  was  composed  of  ancient 
French  neutrals,  who  had  originally  endeavored  to 
escape  from  the  government  of  Nova  Scotia,  or  of 
their  descendants,  who  had  been  expelled  from  their 
farms  and  improvements  on  the  establishment  of  the 
province  of  New  Brunswick  ;  and  who  have  been 
joined  from  time  to  (.ime  by  their  countrymen  from 
Canada,  who  have  not  chosen  to  continue  under  the 
government  established  on  its  conquest. 

It  is  not  known  whether  any  individual  of  Europe- 
an origin  existed  on  this  territory  at  the  peace  of  1782; 
nor  that  excepting  aboriginals,  any  other  than  descen- 
dants of  French  ancestors  had  made  any  occupation, 
prior  to  the  peace  of  1815.  The  Acadians  had  retir- 
ed with  the  Indians  from  the  presence  of  the  popula- 
tion, which  took  possession  of  that  ancient  part  of 
Nova  Scotia,  afler  it  was  yielded  to  Great  Britain  and 
settled  by  emigrants  from  the  United  States,  who  ad- 


S-99 


!l 


15 

hered  to  the  British  government;  and  have  always  liv- 
ed in  great  harmony  among  themselves,  as  a  distinct 
race,  preserving  their  own  language,  habits,  and  man- 
ners. Situated  near  the  borders  of  the  American  ter- 
ritory, at  a  distance  from  any  officers  of  government, 
they  appeac  to  have  also  preserved  their  neutral  char- 
acter, and  to  have  remained  as  a  people  by  themselves, 
so  far  as  they  might  be  permitted  by  their  position  to- 
ward the  province  of  New-Brunswick.  Without  hav- 
ing any  sympathy  with  the  system  established  in  that 
government,they  have  not  been  in  a  condition  to  oppose 
the  exercise  of  any  power  that  might  be  exerted  over 
them.  Little  occasion  could  be  presented  for  the  em- 
ployment of  criminal  process,  among  the  relics  of  a 
primitive  population,  represented  as  of  a  '^  mild,  fru- 
gal, industrious,  and  pious  character,"  desirous  of 
finding  a  refuge  under  the  patriarchal  and  spiritual 
power  of  their  religion.  It  has  been  customary  for 
them  to  settle  their  civil  affairs  of  every  description, 
including  their  accidental  disputes  and  differences 
among  themselves,  by  the  aid  of  one  or  two  arbiters 
or  umpires,  associated  with  the  Catholic  Priest,  who 
is  commonly  a  missionary  from  Canada.  Without 
any  predilection  toward  &  foreign  faith  or  power,  they 
have  had  a  natural  desire  to  be  quieted  in  their  posses-^ 
sions ;  and  it  is  stated  that  one  or  two  of  them,  under 
circumstances  not  exactly  known,  either  obtained  or 
accepted  grants  of  certain  parcels  of  their  property  at 
an  early  period  from  the  province.  The  propriety  of 
relinquishing  any  practice  of  that  kind,  afler  the  de- 
termination of  the  St.  Croix,  was  obvious;  and  the 
benefit  oi  a  sanction  might  have  been  allowed  to  the 
previous  facts  of  this  description,  without  attaching  to 
them  any  injurious  motive  or  effect.  The  whole  coun- 
try, however,  not  in  actual  possession  of  any  cultiva- 
tor, was  considered  by  the  French  settlers  as  open  to 
occupation  at  the  period  of  the  last  peace  with  Eng- 
land.   r]^^:'-':^4i    :lf    ?,  .'-^-  'j.^^^: 

In  1817  an  American  was  invited  to  seat  himself 
.n«ar  ths  mouth  of  the  Madawaska  river,  wherf^  he 


I 


'.  ^ 


'Mi 


rr 


,Ai' 


hM 


U 

was  assured  that  no  one  had  any  rij^ht  of  property, 
and  when  it  was  afterwards  claimed  by  virtue  of  a  ti- 
tle, the  fact  was  denied  by  the  Indians  on  the  ground 
that  the  right  belonged  to  them.  This  American,  one 
wlio  went  from  Kennebec,  accordingly  moved  away 
from  the  place  which  he  first  took,  to  a  situation  near 
the  St.  Francis,  where  he  still  lives,  unless  recently 
removed. 

It  appears  that  a  military  post  formerly  existed  at 
the  Grand  Falls,  immediately  below  the  boundary;'' 
and  it  is  said  that  a  militia  authority  was  exercised 
among  the  inhabitants  of  Madawaska.  Some  power 
of  this  kind  might  perhaps  have  been  used  at  an  early 
period,  before  the  territory  was  explored  and  the 
boundary  of  New-Brunswick  determined  under  the 
convention  of  1794;  and  it  is  not  probable,  that  the 
French  would  have  resisted  any  measure  taken  to 
compel  them  to  train  as  militia.  The  works  at  the 
Grand  Falls  have  been  suffered  to  go  to  decay ;  and 
there  is  no  reason  to  presume  that  a  superfluous  mili- 
tary organization  was  maintained  among  the  remote 
inhabitants  of  Madawaska. 

It  is  not  presumable  that  any  usurpation  of  that 
nature  existed  for  a  long  period  ;  especially  af).er  the 
settlement  was  known  to  fall  within  the  American 
territory.  If  such  an  use  of  form  or  force  whs  con- 
tinued however,  it  is  to  be  inquired  whether  it  can 
be  viewed  in  any  other  light  than  that  of  aggres- 
sion upon  the  rights^  of  the  State,  and  those  under  its 
jurisdiction,  and  entitled  to  its  protection.  The  re- 
cent formation  of  militia  companies  in  that  district 
presents  itself  as  an  act  of  the  same  character;  and 
it  is  reported  that  a  foreigner,  by  the  name  of  Francis 
Rice,  has  stationed  himself  in  this  settlement,  and 
undertakes  to  act  as  an  adjutant  of  the  militia  of 
New-Brunswick. 

Difference  ot  religious  faith  and  diversity  of  habits 
have  naturally  tended  to  prevent  an  intermixture  be- 
tween the  American  and  French  population.  The 
country  in  general  above  as  well  as  below  the  river 
Madawaska,  has  taken  the  popular  description  of  that 


./.) 


f  property, 
•tueofa  ti- 
the ground 
erican,  one 
aved  away 
nation  near 
!s  recently 

existed  at 
boundary;* 
exercised 
^me  power 
Eit  an  early 
d  and  the 
under  the 
e,  that  the 
»  taken  to 
rks  at  the 
jcay;  and 
uous  mili- 
le  remote 

m  of  that 

after  the 

American 

WHS  con- 

er  it  can 

aggres- 

under  its 

The  re- 

i  district 

cter;  and 

f  Francis 

ent,  and 

nilitia  of 

of  habits 
rture  he- 
n.  The 
he  river 
n  of  that 


•i 


17 

river,  and  the  name  is  generally  made  use  of  by  the 
Americans  residing  upon  the  higher  and  more  rernote 
branches  of  the  St.  John.     The  Madawaska  settle- 
ment extends  several  miles  aown  the  branch  of  the  St. 
John,  below  the  mouth   of  the   Madawaska  river. 
Several  settlers  were  also  scattered  above,  and  a  space 
existed  of  several  miles  above  the  mouth  of  that  river, 
which  has  recently  been  occupied  by  French  settlers, 
some  from  Canada,  and  others  from  the  settlement  be- 
low, and  formed  into  a  new  settlement  by  the  name  of 
Chateauqua.   They  have  undertaken  to  erect  a  church, 
and  it  is  stated  that  a  militia  company  has  been  form- 
ed among  them,  by  authority  out  of  this  State.     This 
new  settlement  extends  from  the  mouth  of  the  Mada- 
waska river  to  the  vicinity  of  the  mouth  of  the  Mari- 
umticook  stream,  where  the  American   settlement, 
properly  so  called,  commences.     Whether  any  foreign 
measures  have  been  taken  m  forwarding  the  progress 
of  the  new  French  settlement,  is  not  known.     They 
are  without  titles  to  their  lands  except  by  occupation, 
and  they  have  not  been  disturbed  in  their  possession. 
Fines,  ho  vever,  have  been  imposed  upon  some  of  them 
for  refusing  to  perform  militia  duty,  from  abroad,  du- 
ring the  past  year,  without  regarding  the  objection 
that  has  been  made  among  them  to  train,  on  the  ground 
of  their  being  within  the  American  government. 

The  situation  of  the  recent  settlement  seems  to  mer- 
it some  attention,  from  the  circumstance  of  its  now 
forming  the  connecting  link  between  the  former  French 
settlement  below,  and  the  American  settlement  im- 
mediately above.     It  is  also  brought  into  notice  by 
the  attention  apparently  bestowed  upon  it  by  the  pro- 
vince of  New-Brunsvvick,which  extends  the  demand  of 
militia  duty  as  high  as  this  settlement,  and  considers 
all  the  Americans  who  are  settled  above  it  as  aliens. 
It  may  be  proper  to  remark  in  this  place,  that  any  oc- 
cupation, which  the  government  of  New-Brunswick 
may  have  held  within  the  American  territory,  being 
witl\out  right,  and  against  ri^ht,  its  operation  is  not  to 
be  enlarged  by  any  favorable  constructici. 
3 


I  I 


18 


'4  • 


.'  4 


y 


■^ ' 


Before  passing  from  the  consideration  of  the  French 
settlement  in  this  State,  it  may  be  proper  to  remark, 
that  the  population  of  the  whole  community,  accord- 
ing to  the  census  taken  by  the  authority  of  the  United 
States  in  1820,  amounted  to  over  eleven  hundred. 
The  computation  probably  included  a  number  of 
American  settlers,  who  had  come  into  the  country  not 
long  before,  and  were  enrolled  in  the  same  manner 
with  them  in  the  body  of  American  citizens.  If  since 
that  period  any  of  these  persons  have  been  induced  to 
go  into  the  province,  in  order  to  give  their  votes  ;  if 
provincial  magistrates  have  been  allow  ed  to  send  civil 
process  into  this  settlement ;  if  individuals  have  been 
employed  to  officiate  in  executing  the  provincial  po- 
lice; these  can  only  be  viewed  as  acts,  which  it  is  ex- 
tremely difficult  to  reconcile  wiih  sentiments  of  re- 
spect for  the  opinion  signified  by  the  government  of 
the  United  States.  After  this  French  settlement  was 
found  to  fall  within  ihe  survey  of  the  American  boun- 
dary, these  settle  s,  being  in  no  other  senrso  to  be  re- 
garded as  British  subjects  than  as  they  might  happen 
to  reside  in  British  territory,  it  would  have  manifested 
a  decent  respect  to  the  authority  of  the  United  States, 
beyond  the  most  repeated  exterior  demonstration,  to 
have  abstained  from  direct  exercises  of  supreme  juris- 
diction. 

The  first  American  settlement  was  made  above  the 
French,  and  commenced  from  the  clearest  informa- 
tion, in  the  year  1817.  It  consisted  of  several  per- 
sons then  citizens  of  Massachusetts,  who  moved  from 
the  Kennebec,  and  established  themselves  with  their 
families  on  different  spots,  the  lowest  at  the  mouth  of 
the  M ariumticook,  and  the  highest  not  far  from  the 
mouth  of  the  St.  Francis.  It  was  well  known  in  the 
province  of  New-Brunswick,  that  these  emigrants 
considered  they  were  on  American  territory,  anil  that 
their  object  was  to  obtain  a  title  under  the  American 
government.  It  was  also  understood  that  they  carri- 
ed with  them  a  magistrate,  and  that  they  intended  to 
procure  an   incorporation.      Whether  any,  or  what 


jr 


19 

measures  may  have  been  taken  by  persons  within  the 
province,  acting  upon  this  information,  it  is  not  with- 
in my  power  to  detail.  It  may  be  remarked,  howev- 
er, that  according  to  the  best  account,  the  whole  ter- 
ritory of  which  they  entered  into  occupation,  was  pre- 
viously uninhabited,  and  unimproved.  The  provincial 
government  had  never  made  any  grant  above  the  river 
Madawaska.  The  American  settlers  on  the  St.  John 
were  above  any  French  settler.  They  and  their  as- 
signs have  since  continued  in  the  occupation  of  their 
lands,  and  a  portion  of  the  original  settlers  still  remain. 

In  1825,  grants  were  made  by  George  W.  Coffin 
and  James  Irish,  Esquires,  acting  as  joint  Agents  for 
the  Commonwealth  of  Massachusetts  and   State  of 
Maine,  by  virtue  of  resolves  of  the  respective  Legis- 
latures, bearing  date  February  26,  and  June  11,  1B25, 
to  John   Baker  and  James  Bacon,  severally,  descri- 
bing them  as  inhabitants  of  a  plantation  called  and 
known  by  the  name  of  the  Madawaska  settlement,  in 
the  county  of  Penobscot,  situate  upon  the  river  St. 
John.     The  land  granted  to  Baker  was  described  as 
beginning  at  Mariumticook  stream  or  point  on  the  St. 
John  river,  and  bounded  to  contain  an  hundred  acres. 
Thi6  was  the  same  point  of  land  which  was  original- 
ly taken  up  by  his  brother,  Nathan  Baker,  one  of  the 
original  emigrants  from  Kennebec,  then  deceased.     It 
was  a  mill  seat,  where  there  have  been  erected  a  saw- 
mill and  a  grist  mill.     John  Baker  married  his  broth- 
er's widow,  and  has  brought  up  his  family.     He  has 
been  building  a  new  house,  which   would  have   been 
finished  last  fall.     The  land  granted  to  Bacon  was  be- 
low the  grant  to  Baker,  between  the  point  and  the  new 
French  settlement.     Since  the  foundation  of  the  A- 
merican  settlement  before  mentioned,  a  number  of 
other  American  settlers  had  taken  possession, and  made 
improvements,  without  interfering,except  by  purchase, 
with  any  previous  occupation. 

The  Land  Agents  of  Massachusetts  and  Maine  ap- 
pointed provisionary  Agents,  with  authority  to  grant 
permits  to  cut  pine  timber  on  the  territory  oif  the 


':  i. 


•I 


^ 


II 


It; 
f  1 


i 


10 

United  States.  Without  a  permission  of  this  kind, 
it  may  be  noticed,  the  mill  at  the  mouth  of  the  Mari- 
umticook  would  have  been  useless.  The  £;overnment 
of  New-Brunswick  became  informed  of  this  fact.  A 
considerable  quantity  of  lumber,  partly  purchased  by 
John  Baker  before  mentioned,  and  partly  made  at  his 
mill,  was  afterwards  seized  in  passing  down  the  river 
St.  John.  Timber  cut  on  crown  lands  within  the 
province,  by  British  subjects,  was  allowed  to  be  re- 
deemed by  paying  a  certain  duty.  This  composition 
was  a  privilege  denied  to  Baker,  whose  property  on 
that  occasion  appears  to  have  been  confiscated  on  the 
ground  that  he  was  not  a  British  subject.  All  the 
Americans  settled  above  the  river  Madawaska,  are  re- 
garded as  aliens  by  the  provincial  government  of  New - 
Brunswick ;  and  a  certain  fine  or  tax  has  been  de- 
manded of  them,  called  the  alien  tax.  This  is  a  spe- 
cies of  joint  military  and  civil  action,  exercised  in 
the  first  place  by  provincial  otficcrs  of  militia,  and  en- 
forced by  Justices  of  the  Peace.  One  or  two  cases 
have  occurrcd,in  which  precepts  have  been  sent  among 
the  American  settlers  on  civil  suits^by  Mr.  Morehouse, 
who  resides  upwards  of  fifty  miles  below,  on  the  river 
St.  John.  On  one  occasion,  an  American  above  Cha- 
teauqua  was  arrested  on  a  warrant  from  Mr.  More- 
house, on  a  charge  of  larceny  by  one  of  the  settlers; 
but  the  evidence  against  him  being  insufficient,  no  final 
proceedings  took  place,  and  he  was  discharged.  The 
real  culprit  was  afterwards  discovered,  and  on  his  con- 
fession the  Americans  were  proceeding  to  conduct  him 
to  Houlton,  nearly  an  hundred  and  forty  miles  distant; 
but  on  their  way  he  made  his  escape  in  the  woods. — 
The  American  settlers  have  been  subject  to  these  and 
similar  inconveniences,  no  doubt,  in  consequence  of 
the  absence  of  any  civil  officers,  such  as  were  recom- 
mended to  be  appointed  by  the  Land  Agents;  and  oc- 
casions have  thus  been  afforded  for  admitting  the  agen- 
cy of  Mr.  Morehouse,  as  a  civil  magistrate,  which 
would  not  otherwise  have  existed ;  and  for  which  some 
possible  apology  might  be  found  in  the  circumstances 
of  the  country.     An  exercise  of  this  intrusive  authori- 


.  I 


"Tl 


ty,  however,  ih  the  course  of  the  past  year,  appears  to 
have  given  rise  to  a  species  of  opposition  among  the 
Americans,  which  was  construed  by  Mr.  Morehouse 
as  resistance  to  his  authority. 

It  appears  that  some  difficulty  took  place  in  pro- 
curing the  service  of  a  writ  which  was  sent  by  Mr. 
Morehouse  against  James  Bacon  ;  and  it  may  be 
suitable  to  state  the  circumstances  accompany- 
ing that  transaction.  It  seems,  that  reflection  on 
their  situation,  combined  with  a  sense  of  the  incon- 
venience to  which  they  were  exposed,  from  the  acts 
of  Mr.  Morehouse,  led  to  an  understanding  among 
them  to  avoid  any  employment  of  his  authority  ;  and, 
having  no  regular  magistrate,  to  endeavor  to  settle 
their  affairs,  as  well  as  they  could,  among  themselves. 
The  unfavorable  opinion  cherished  by  Mr.  More* 
house,  in  respect  to  the  Americans  at  that  settlement, 
may  have  contributed  to  increase  their  aversion  ;  and 
his  occasional  visits  to  view  their  proceedings  may 
have  tended  to  strengthen  a  mutual  dislike.  Mr. 
Morehouse  had  formerly  demanded  Bacon's  deed 
from  the  Agents,  and  knew  the  title  under  which  he 
held.  He  had  also  made  ipquiry  into  the  authority 
given  to  Bacon  by  the  Land  Agents,  respecting  the 
cutting  of  timber,  and  satisfied  himself  on  that  subject. 
Recently  he  sent  a  person  with  a  writ,  to  arrest  Ba- 
con, on  a  small  demand  in  favor  of  one  of  the  inhabi- 
tants ;  and  the  deputy  sent  by  him  returned  without 
effecting  service.  Another  person  was  then  sent, 
accompanied  by  a  considerable  party,  with  a  view, 
probably,  to  make  effectual  service.  Bacon  collected 
a  number  of  his  friends  about  him  at  his  house,  which 
is  on  the  land  granted  to  him,  below  Baker's,  and, 
supported  by  their  presence,  signified  his  refusal  to 
submit  to  the  mandate  of  Mr.  Morehouse. 

The  principle  on  which  they  placed  their  determi- 
nation was,  that  they  were  Americans,  on  American 
ground,  and  that  Mr.  Morehouse  had  no  right  to 
extend  his  authority  over  them.  Some  resentment 
was  manifested  by  them  towards  the  individual  who 


F 


*  ■  I 


>   . )  -: 


22 


I 


Ihid  the  incliscrelioii  to  apply  to  Mr.  Morehouse  ;  but 
no  violence  used  towards  any  of  the  party  who  came 
to  arrest  Bacon.     The  leader  of  the  parly,  who  ofR- 
ciated  on  that  occasion  as  a  constable  of  the  parish 
of  Kent,  became  convinced   of  the  inexpediency  of 
proceeding  to  execute  his  precept,  and  professed  to 
respect  the  ground  of  their  determination.     It  was 
agreed  to  settle  the  demand  by  amicable  reference, 
which  was  accordingly  done,  and  the  affair  termina- 
ted ;  except  that  the  constable  afterwards  pretended 
to  have  an  execution  from  Mr.  Morehouse,  for  the 
costs.     The  spirit  of  opposition  to  the  power  of  Mr. 
Morehouse,  discovered  on  this  occasion,  assumed  the 
form  of  a  general  agreement  among  the  American 
inhabitants,  to  avoid  all  applications  of  foreign  autho- 
rity, and  extended  to  an  outright  denial  of  the  British 
provincial  jurisdiction.     For  the  legality  of  this  posi- 
tion,  they  reasoned  and   relied   upon  their  original 
character  as  American  citizens  ;  the  circumstances 
of  their  settlement,  in  that   capacity,    upon   vacant 
American  territory  ;  and  the  assurances  of  the  Land 
Agents,   which   they    understood   decidedly  to   that 
effect.     Whether  they  were  deceived  in  the  ground 
they  took,  by  officious  and   unwarrantable  acts,   or 
whether  any  errors  they  may  have  committe<l,  may 
be  imputable  to  omissions  on  the  part  of  either  State 
to  provide  for  the  security  of  property,  and  preserva- 
tion of  citizenship,  it  belongs  only  for  those  to  con- 
sider,  by  whom  the  powers  in  fact  exercised,  were 
imparted.     The  measures  now  made  use  of  by  Mr. 
Morehouse,  were  directly  brought  to  bear  upon  the 
right  of  the  two   States  to  make  the  grant  to  Bacon. 
This  being  the  lowest  grant  upon  the  river  St.  John, 
was  the  only  barrier  against  a  general  inroad  of  au- 
thority from  the  quarter   below,  where  Mr.  More- 
house resided,  to  the  American  territory  above  ;  and 
the  taking  of  the  person  of  Bacon,  without  remon- 
strance, from  the  position  in  which  he  was  placed  by 
the  act  of  the  two  governments,  might  have  removed 
the  only  obstruction,  and  determined   the  practical 
question.     A  paper  writing  was  accordingly  drawn 


19 


up,  and  signed  by  tho  American  inhabitants  gene- 
rally, constituting  a  sort  of  compact,  by  which  they 
agreed  to  adjust  all  disputes  among  themselves,  by 
virtue  of  referees,  without  admission  of  British  au- 
thority, and  that  they  would  support  each  other  in 
abiding  by  this  determination.  This  was  to  be  a 
provisional  agreement,  to  continue  in  force  only  for 
one  year  ;  and,  in  the  mean  time,  application  was  to 
be  made  to  the  government,  in  order  to  be  made  cer- 
tain of  their  condition,  and  to  obtain,  if  possible,  the 
benefit  of  some  regular  authority.  Of  the  propriety 
of  this  resolution,  or  of  the  proceedings  by  which  it 
was  accompanied,  it  is  not  for  me  to  express  an 
opinion.  It  may  suffice  to  say,  that  it  seems  to  have 
been  dictated  by  the  necessity  of  their  situation ;  that 
as  citizens  of  Maine,  some  reference  was  proper  to 
the  rights  and  sentiments  of  the  State ;  and  that  in 
any  judgment  of  their  actions,  some  respect  should 
be  had  to  the  authority  of  Maine. 

As  a  prelude  to  this  arrangement,  the  Americans 
generally  assembled  on  land  conveyed  to  John  Baker 
by  the  States  of  Maine  and  Massachusetts,  and  there 
erected  a  staifand  raised  a  rude  representation  of  the 
national  eagle.  They  also  partook  of  a  repast  provi- 
ded by  Baker,  and  enjoyed  the  festivity  in  the  manner 
that  is  usual  to  Americans,in  celebrating  that  occasion. 
One  of  the  French  was  hired  as  a  musician,  and  a  few 
others  were  attracted,  by  the  spectacle,  and  invited  to 
the  table.  The  same  thing  has  been  sometimes  done 
by  Americans  transiently  collected  in  the  provinces, 
on  the  same  anniversary,  without  affording  offence. 
But  on  the  present  occasion  there  is  no  ground  to 
doubt,  that  it  was  deliberately  done  to  advertise  Mr. 
Morehouse  of  the  manner  in  which  they  viewed  their 
own  rights  and  his  authority  ;  and  when  he  appeared, 
as  was  probably  expected,  to  inquire  into  the  meaning 
of  this  ensign,  it  was  explained  to  him.  Mr.  More- 
bouse  thereupon  gave  order  for  its  removal  to  Baker, 
which  the  latter  refused  to  obey.  It  is  not  known 
that  either  of  these  persons  had  any  more  direct  au- 
thority for  his  proceeding  than  the  other ;    which  had 


>. 


t 


■  I 


ill 


' 


f, 


24 

the   better  right  may  admit  of  a  distinct  question. 
But  the  object  was  to  apprize  Mr.  Morehouse  of  their 
opinion.     Neither  Baker  nor  Bacon  pretended  to  ex- 
ercise any  authority  among  their  fellow  citizens,  on 
this  occasion,  although  they  probably  rendered  them- 
selves conspicuous  to  Mr.  Morehouse.      The  epithet 
of  General  was  one  that  was  not  bestowed  on  Baker 
until  after  this  affair.  Mr.  Morehouse  also  demanded 
the  paper  of  agreement  that  had  been  entered  into  by 
the  Americans;    which  they  declined  to  deliver.    Mr. 
Morehouse  was  informed  that  the  paper  had  been  offers 
ed  to  one  Peter  Markee,  a  French  lad  who  wai?  at  the 
American  settlement.     If  this  was  done  with  any  in- 
tention, it  was  a  circumstance  which  took  place  in  the 
absence  of  Mr.  Baker,  and  was  contrary  to  the  origi- 
nal purpose,  which  was  to  confine  the  step  to  Americans 
exclusively.  Mr. Baker, hearing  a  report  that  the  route 
of  the  mail  was  altered, (a  change  which  the  Americans 
had  no  wish  to  take  place,  as  it  Was  a  matter  of  con- 
venience to  them,)  and  meeting  the  carrier  in  his  canoe 
inquired  whether  such  was  the  fact.      This  inquiry 
was   undoubtedly   misconstrued  by  the   Frenchman 
who   carried  the  maiU  and   the   circumstance  might 
have   been  exaggerated   to  Mr.  Morehouse.     Upon 
information  of  this  kind,  however,  together  with   his 
own  knowledge,  Mr.  Morehouse  subsequently  pro- 
ceeded to  issue  a  warrant  for  the  arrest  of  Baker,  and, 
it  is  also  understood,  of  James  Bacon  and  Charles 
Stutson.     In  the  mean  tiaie  the  inhabitants  agreed 
upon  referees, and  appointed  Baker  and  Bacon  a  depu- 
tation to  proceed  to  the  seat  of  government  w*th  a 
request  to  have  their  case  laid  before  the  Legislature 
at  its  next  session  ;    and  to  inquire  of  the  executive 
authority  whether  they  were  recognized  as  citizens  of 
the  State  and  entitled  to  the  protection  of  its  govern- 
ment.    Having  received  an  answer  in  the  affirmative, 
to  be  communicated  to  their  constituents,  with  injunc- 
tions to  observe  the  utmost  caution  in  their  conduct, 
and  having  leflt  their  application  to  be  laid  before  the 
Legislature,  they  returned  through  the  wilderness  by 


■■ii 


wmm 


25 

the  way'they  came,  and  arrived  at  home  a  short  time 
before  the  execution  of  Mr.  Morehouse's  precept. 

Early  in  the  morning  of  the  25th  of  September  last, 
soon  after  their  return,  while  Baker  and  his  family 
were  asleep,  his  house  was  surrounded  by  an  armed 
force,  and  entered  by  persons  of  a  civil  character  and 
others  armed  with  fusees,  &c.  who  seized  Baker  in 
his  bed,  and  conveyed  him  without  loss  of  time  out  of 
the  State.     The  particulars  relating  to  this  circum- 
stance are  detailed  in  the  statement  of  Asahel  Baker, 
a  nephew  of  John  Baker,  who  was  first  awakt^i^ed  by 
the  entry,  and  which,   although  not  exhibiting  any 
solemn  attestation,  may,  nevertheless,  be  relied  upon 
as  substantially  correct.     It  is  proper  to  add,  that  the 
person,  conducting  the  execution  of  the  warrant,  pro- 
vrd  to   be  of  high  oihcial   character   and   personal 
respectability  in  the  Province  of  New-Brunswick.  He 
was  informed  that  papers  were  in  possession  of  Baker 
under  the  authority  of  the  States,  but  he  replied  that 
it  was  not  in  his  power  to  attend  to  any  remonstrance. 
No  resistance  was  made  by  Mr.Baker,and  no  opportu- 
nity was  afforded  him  to  have  intercourse  with  any  of 
his  friends  and  neighbors,  from  whom  it  is  reasonable 
to  suppose  opposition  might  have  been  apprehended. 
Mr.  Baker  wa^   carried   before   Mr.  Morehouse,   in 
obedience  to  the  warrant  ;  it   does  not   appear  that 
any  examination  took   place  however  ;     but  that   he 
was  conveyed  to  Fredericton  and  there  committed  to 
gaol.     The  letter  from  your  excellency  to  the  Ameri- 
can inhabitants  at  the  i/pper  settlement,    was  de- 
livered by  him  to  the  authority  under  which  he  was 
imprisoned,  and^  after  some  detention,  restored  to  him. 

The  immediate  impression  produced  among  the  in- 
habitants oi  the  settlement  by  this  circumstance,  may 
appear  from  the  further  statement  of  Asahel  Baker. 
He  was  the  person  employed  to  bring  a  representa- 
tion from  them  of  the  arrest  of  Baker,  which  was  de- 
posited by  him  in  the  first  post-office  ho  reached  in 
Kennebec.  He  was  absent  a  number  of  days,  and  on 
his  return,  found  that  several  of  the  inhabitants  had  de- 
4 


:. 


26 


( 1 


)' 


parted.     It  appears  that  in  the  interim  the  alien  tax 
had  been  again  demanded,  and  process  had  been  serv- 
ed upon  the  American  settlers  generally,  similar  to  that 
which  had  been  previously  served  on  the  Aroostook 
indiscriminately,  to  appear  at  Fredericton  in  October, 
to  answer  to  suits  for  trespass  and  intrusion  on  crown 
lands,  under  the  penalty  of  an  hundred  pounds.     It  is 
understood,  that  the  service  of  this  process  was  ex- 
tended to  the  American  settlers  toward  the  St.  Francis 
and  upon  the  Fish  river,  where  the  road  laid  out  by 
the  Legislatures  of  the  two  States  terminates.     In 
consequence  of  these  circumstances  it  appears,  that 
three  of  the  American  settlers,  viz.  Charles  Stutson, 
Jacob  Goldthwraite,  and  Charles  Smart,  have  parted 
with  their  possessions,  and  removed  from  the  settle- 
ment into  the  plantation  of  Houlton,  where  they  are 
at  present  seeking  subsistence.     Stutson  was  a  black- 
smith, in  good  busine.ss,and  was  concerned  in  the  meas- 
ures relating  to  Mr.  Morehouse.     The  motives  and 
particulars  of  their  departure  are  stated  by  them  in 
their  respective  affidavits.     In  the  precarious  state  of 
their  affairs,  it  is  probable  that  no  certain  estimate  can 
be  formed  of  their  sacrifices ;  b  Jt  it  is  evident  that  the 
measures  made  use  of  toward  the  inhabitants  in  gen- 
eral, for  whatever  purpose,  have  had  the  effect  to  expel 
a  portion  of  them,  and  to  intimidate  the  remainder. 
It  is  not  understood  that  these   measures  have  been 
extended  to  the  French  settlers  on  the  Madawaska, 
who  are  without  title  to  their  lands,  and  it  is  probably 
not  the  case;  but  it  is  evident  that  a  corresponding 
application  of  judicial  proceedings  has  been  made,from 
the  province  of  New-Brunswick,  upon  all  the  settle- 
ments above  and  below  the  French  occupation  of  Mad- 
awaska, tending  to  their  extermination  ;  and  that  the 
inhabitants  are  awaiting,  in  a  state  of  fearful  anxiety, 
the   final  measures   of  execution,  from  which   they 
see  no  prospect  of  relie       The  plantation  of  Houlton 
is  tlie  common  place  of  refuge  to  which  they  direct 
their  feet,  as  it  was  the  custom  in  the  earlier  annals  of 
New-England  for  the  frontier  settlers,  in  case  of  ap- 
prehension, to  gather  toward  a  garrison. 


27 


ap- 


In  pursuing  the  inquiry  concerning  the  nature  of  ag- 
gressions complained  of  as  committed  by  inhabitants, 
it  may  not  come  within  the  terms  of  my  appoint- 
ment to  ascertain  how  far  any  proceedings  that  have 
been  adopted,  may  be  traced  to  the  authority  of  the 
government  of,  New-Brunswick.  Jhe  general  appli- 
cation of  judicial  process,  however,  from  the  province 
of  New-Brunswick  to  all  parts  of  the  settled  territo- 
ry, comprehended  in  the  claim  of  Great  Britain,  seems 
to  give  rise  to  such  an  inquiry.  The  summonses  ser- 
ved on  the  settlers  on  the  Aroostook  and  upon  the  St. 
John,  from  the  Mariumticook  to  the  Fish  river  and 
St.  Francis,  appear  by  comparison  of  numerous  copies 
to  be  all  in  the  same  form,  for  trespass  and  intrusion 
on  crown  lands.  A  copy  of  an  information  served  on 
John  Baker,  since  his  imprisonment,  describes  the  land 
of  which  he  is  in  occupation,  as  lying  within  the  par- 
ish of  Kem^  in  the  county  of  York.  It  may  be  there- 
fore pertinent  to  inquire  into  the  history  of  the  parish 
of  Kent,  and  refer  to  other  measures  of  the  provincial 
government,  preliminary  to  the  abovementioned  pro- 
cess. 

The  act  of  incorporation  of  the  parish  of  Kent,  is 
dated  1821.  It  is  entitled  "  An  Act  to  erect  the 
upper  part  of  the  County  of  York  into  a  town  or 
Parish,"  and  provides,  that  "  all  that  part  of  th" 
county  of  York,  lying  above  the  parish  of  Wakefield, 
on  both  sides  of  the  river  St.  John,  be  erected  into 
a  town  or  parish,  by  the  name  of  Kent."  The  parish 
of  Wakefield  was  incorporated  in  1803,  by  an  act 
also  entitled  "  An  Act  for  erecting  the  upper  part  of 
the  county  of  York  into  a  distinct  town  or  parish." 
A  statistical  account  of  New-Brunswick,  published 
in  Fredericton,  in  1825,  describes  the  parish  of  Kent 
as  extending  on  both  sides  of  the  river,  from  the 
Grand  Falls  to  Wakefield.  The  parish  of  Wakefield, 
it  is  understood,  extended  above  the  military  post  at 
Presque  Isle,  a  station  which  was  abandoned  the 
year  ibilowing  the  creacion  of  the  parish  of  Kent. 

A  succinct  statement  may  be  made  of  the  measures 
adopted  by  the  government   of  New  Brunswick  the 


i*i. 


i  ;'• 


'2S 


n 


I 


ftresent  season.  By  an  official  act  of  the  9th  of  March 
ust,  reciting  that  satisfactory  assurances  had  been 
conveyed  lo  his  Majesty's  government  of  the  earnest 
wish  of  the  government  of  the  United  States  to  recip- 
rocate the  conciliatory  disposition  shewn  in  regard  to 
the  disputed  territory  at  the  upper  part  of  the  river 
St.  John,  it  was  declared  to  be  most  desirable,  until 
the  present  question  thereto  should  be  finally  set- 
tled, that  no  new  settlement  should  be  made,  or 
any  timber  or  other  trees  felled  in  the  wilderness 
parts  of  that  territory,  nor  any  act  done  which  might 
change  the  state  of  the  question  as  it  existed,  when 
the  treaty  of  Ghent  was  executed. 

Instructions  were    accordingly   issued,  addressed, 
in   general  terms,   to  all  magistrates  residing  in  the 
vicinity  of  what  was  termed  disputed  territory,  direct- 
ing them  how  to  proceed,  in  the  event  of  "  any  depre- 
dations being  attempted,  by  either  party,  ontlie  lands 
in  question."     They  were  required  to  be  vigilant,  and 
use  their  utmost  diligence  to  discover  any  attempts 
which  might  be  made  by  any  of  his  Majesty's  subjects 
to  intrude  upon  the  territory,  with  a  view  to  make 
settlements,  or  to  cut  timber,  and  to  make  immediate 
representation  thereof    to   his    Majesty's    Attorney 
General,  that   legal  steps  might  be   taken  to  punish 
such   intruders   and  trespassers.     And   should   they 
discover  "  similar  attempts  to  be  made  by  any  other 
perbon,  whether  unauthorized,  or  acting  under  color 
of  authority,"  to  use  their  best  endeavors  to  ascertain 
the  names  of  such  persons,  and  report  them  to  the 
Secretary  of  the  Province,  with  affidavits  to  establish 
the  facts,  for  the  Lieutenant  Governor's  considera- 
tion. 

Information  of  these  proceedings  was  communicp- 
ted  to  the  govtrnmont  of  the  United  States  by  the 
British  Minister,  in  September  last,  as  furnishing 
proof  of  the  friendly  disposition  which  animated  the 
Lieutenant  Governor  pt  New-Brunswick.  Mr.  Clay 
was  at  the  same  time  intbrmed  by  Mr.  Vaughan,  that 
no  attempt  had  ever  been  made  to  form  new  settle- 
Qaenti;,  and  that  the  Lieutenant  Governor  had  abstain* 


29 


March 
d  been 
earnest 
0  recip- 
(gard  to 
he  river 
le,  until 
lly  set- 
lade,  or 
Iderness 
:h  might 
id,  when 

[dressed, 
g  in  the 
r,  direct- 
13'  depre- 
he  lands 
lant,  and 
attempts 
subjects 
to  make 
nmediate 
Attorney 
o  punish 
uld   they 
my  other 
ider  color 
ascertain 
em  to  the 
establish 
onsidera- 

mmunicp- 
es  by  the 
lurnishing 
nated  the 
Mr.  Clay 
^han,  that 
ew  settle- 
d  abs^ain^ 


ed  from  exercising  any  authority  over  the  unoccupied 
parts  of  the  disputed  territory,  except  for  the  purpose 
of  preserving  it  in  its  present  state  ;  and  assured  Mr. 
Clay  that  it  was  the  wish  and  the  duty  of  the  Lieuten- 
ant Governor  to  avoid  giving  the  slightest  uneasiness 
to  the  government  of  the  United  States,  on  the  terri- 
tory which  had  unfortunately  remained  so  long  in  dis- 
pute between  the  two  governments. 

The  letter  of  the  British  Minister  to  Mr.  Clay,  of 
September  17th,  is  in  answer  to  a  communication 
from  the  Secretary  of  State,  conveying  a  representa- 
tion from  your  Excellency  to  the  government  of  the 
United  States,  respecting  certain  acts  of  the  govern- 
ment of  New-Brunswick,  which  were  considered  an 
undue  exercise  of  jurisdiction  in  the  settlement  on  the 
river  St.  John,  composed  of  the  grantees  under  Mas- 
sachusetts and  Maine,  and  other  American  settlers. 
Jn  his  answer  to  this  communication,  the  British 
Minister  observes,  that  "  it  appears  from  Governor 
Lincoln's  statement^  that  the  settlement  in  question 
is  a  British  settlement  upon  the  river  St.  John,  west- 
ward of  the  Madawaska  ;  and  that  it  is  composed  of 
the  original  settlers,  and  of  emigrants  from  the  United 
States." 

In  what  manner  the  settlement  west  of  the  Mada- 
waska can  be  considered  a  British  settlement,  can  only 
be  explained  by  a  subsequent  passage  in  the  same  let- 
ter, in  which  the  British  Mini  ter  says,  that  '*  ever 
since  the  province  of  New- Brunswick  was  established^ 
in  the  year  1784,the  territory  in  dispute  (between  Great 
Britain  and  the  United  States,)  has  always  been  con- 
sidered as  forming  part  of  it ;  and  the  rights  of  sove- 
reignty have  in  consequence  been  exercised  by  the 
British  government."  He  therefore  protests  against 
the  validity  of  any  title  to  lands  in  the  ancient  British 
settlements,  granted  by  the  States  of  Maine  or  Mas- 
sachusetts, "  until  a  change  in  the  right  of  possession 
shall  have  been  effected,  in  consequence  of  the  fifth 
article  of  the  treaty  of  Ghent." 

To  support  this  position,  the  British  Minister  refers 
to  a  map  of  Nova  Scotia,  published  by  the  Board  of 


1 1 


^    'li 


1 


f  ■•■ 


■I  ..' 


'1 


^■. 


ao 

Trade  in  1755,  including  the  territory  in  dispute  in 
the  province  of  Nova  Scotia;  by  a  map  of  this  terri- 
tory, published  by  order  of  the  British  House  of  Com- 
mons, 29th  June,  1827,  the  territory  in  question  is  not 
included  in  the  province  of  New-Brunswick. 

In  a  subsequent  letter  from  the  British  minister  to 
Mr  Clay,  dated  Nov.  21,  he  speaks  of  the  proceed- 
ings of  the  magistrates  acting  under  the  authority  of  his 
Britannic  Majesty  in  the  province  <rf*  New -Brunswick, 
against  two  citizens  of  the  United  States,  established 
in  British  settlements  upon  the  rivers  Aroostook  and 
Madawaska."  These  proceedings,  he  observes,  are 
supported  by  two  affidavits,  transmitted  by  your  Ex- 
cellency, viz.  one  of  "  William  Dalton,  residing  upon 
the  Aroostook,"  and  the  other  of  Jonathan  Wilson 
relating  ''  to  the  arrest  at  Woodstock  upon  the  Mada- 
waska river,  within  65  miles  of  Frederic  ton,  of  Mr. 
Baker,  for  having  interrupted  the  passage  of  the  mail 
from  New- Brunswick  to  Canada." 

The  British  minister  states  to  Mr.  Clay,  that  the 
sovereignty  and  jurisdiction  over  the  territory,  claimed 
by  the  British  Commissioners  according  to  the  line 
laid  down  by  them,  running  by  Mars  hill,  comprehend- 
ing in  that  portion  of  the  territory  of  New -Brunswick 
the  rivers  Aroostook  and   Madawaska,  have  conse- 
quently remained  with  Great  Britain,  having  been  in 
the  occupation  and  possession  of  the  Crown,  previous- 
ly to  the  conclusion  of  the  treaty  of  17^;  and  that 
the  opposite  claim  of  the  United  States  cannot  furnish 
any  pretext  for  an  interference  with,  or  an  interrup- 
tion of  the  exercise  of  the  jurisdiction  within  that  ter- 
ritory, by  magistrates  acting  under  British  authority, 
on  the  part  of  the  citizens  of  the  United  States,  who 
may  choose  to  reside  in  those  ancient  settlements." 
lie  adds,  that  he  has  already  communicated  lo  the 
Secretary  of  State  sufficient  proof  of  the  decided 
resolution  of  his  Majesty's  Lieutenant  Governor  of 
ICew-Brunswick  to  maintain  the  disputed  territory  in 
the  same  state  in  which  his  Excellency  received  it, 
afler  the  conclusion  of  the  Treaty  of  Ghent  ;  and  that 


31 

he  is  convinced  that  a  mutual  spirit  of  forbearance 
animates  the  general  government  of  the  United 
States.  The  British  minister  further  acquaints  Mr. 
Clay,  that  Sir  Howard  Douglas  deems  it  his  duty, 
as  Lieutenant  Governor,  not  to  abandon  any  right  of 
practical  sovereignty,  which  has  been  exercised  in  the 
disputed  territory, '^which  has  been  held,  occupied  and 
located,  as  British  settlements,"  for  any  period  within 
the  past  century,  or  even  later.  That,  considering  the 
conduct  of  Baker  fit  matter  for  cognizance  of  the  law 
officers  of  the  crown,  his  Excellency  had  directed  the 
Attorney  General  to  take  such  measures  as  he  might 
deem  necessary,  to  enforce  the  municipal  law  of  the 
Province  :  And  that  there  could  be  no  grounds  for 
complaint  of  an  undue  and  illegal  exercise  of  juris- 
diction, whatever  motive  there  might  be  for  remon- 
strance against  the  severity  with  which  the  laws 
might  be  executed.  . 

I  take  occasion  to  collect  these  details  from  the 
correspondence  of  the  British  Minister  in  this  country 
and  present  them  to  your  Excellency's  attention,  in 
order  to  exhibit  the  principles  on  which  the  acts  in 
question  may  have  been  performed,  and  also  because 
the  conclusions  which  he  deduces  from  them  are  so 
undeniable.  The  character  of  this  avowal  is  so  pe- 
remptory, that  it  puts  an  end  to  al]  ground  of  inquiry 
on  the  part  of  Maine ;  as  the  position,  thus  taken  on 
behalf  of  the  British  Government,  extends  to  justify 
the  exercise  of  every  species  of  power  for  which  a 
precedent  can  be  found  in  the  past  century,  or  even 
the  present ;  and  Maine  has  no  right  to  find  fautoswitb 
the  manner  in  which  the  laws  of  the  Province  may  be 
executed  in  New-Brunswick.  So  remarkable  a  pro- 
position, however,  is  not  well  calculated  to  diminish 
our  concern  on  account  of  the  cause  for  which  so  large 
a  proportion  of  territory  may  be  withdrawn  from  the 
jurisdiction  of  the  State  ;  although  it  may  allay  your 
surprise  at  the  determination  of  the  Lieutenant  Gov- 
ernor of  New-Brunswick  to  decline  any  intercourse 
with  the  Executive  authority  of  the  State,  of  the  kind 


m. 


1 


that  has  heretofore  existed  between  adjoining  govern- 
ments. 

If  it  be  the  correct  stat^  of  fact  as  thus  represented, 
that  the  territory  in  question  has  ever  continued  in  the 
occupation  and  possession  of  the  British  Crown  since 
the  Treaty  of  1783,  it  affords  a  strong  colr^r  unques- 
tionably to  the  claim  insisted  upon  to  the  absolute 
sovereignty  ;  as  in  a  dubious  case  of  right,  where  lines 
have  become  obscured,  an  open,  notorious,  and  exclu- 
sive possession,  for  a  great  length  of  time,  in  the  pre-^ 
sence  and  without  the  reproof  of  an  adverse  claimant, 
must  necessarily  have  great  weight  in  determining  the  , 
title :  And  the  principle  thus  strongly  assumed^  gives 
an  important  aspect  to  the  demand  which  has  been 
made  upon  Maine  and  Massachusetts,  under  the  form 
of  the  fifth  article  of  the  Treaty  of  Ghent.  j >: 

It  is  to  be  doubted,  however,  whether  your  Excel-, 
lency  will  be  able  to  discover  evidence  of  the  existence 
of  any  British  settlement  whatever  within  the  Bound- 
ary of  Maine.  The  act  of  undertaking  to  remove  all 
the  settlers  upon  the  territory  to  which  the  British 
Government  lays  claim,  except  the  French,  as  tres- 
passers and  intruders,  certainly  does  not  tend  to  give 
any  portion  of  the  territory  the  character  of  a  British 
settlement  by  reason  of  their  residence.  Whether  the 
act  establishing  the.  Parish  of  Kent  was  intended  to 
form  a  British  settlement  beyond  the  boundary,  may 
<iepend  upon  the  limits  assigned  to  it ;  if  it  have  any 
other  than  those  of  the  disputed  territory. 

The  summonses  <o  the  settlers  on  ttie  Aroostook 
were  dated  19th  of  May,  and  served  early  in  July,  be- 
fore any  movement  of  theAmericans  in  the  upper  settle- 
ment on  the  St.  John.  On  the  1 1th  of  August,  Mr. 
Morehouse  transmitted  a  list  of  American  citizens 
settled  on  the  river  St.  John,  above  the  French 
settlements.  The  summonses  to  the  latter,  so  far  as 
seen,  were  dated  Sept.  17th.  It  is  not  known  that 
there  was  any  one  of  the  American  occupants  in  that 
quarter,  where  all  are  American  citizens,  omitted  in 
the  process.     Warrants  were  also  out  against  Bacon 


" » 


ens 
nch 
as 
hat 
hat 
iin 
■con 


33 

and  Stctson,on  charges  similar  to  llioso  against  Jjakcr, 
bnt  had  not  been  exccnted.  It  is  due  to  say  that  I 
derived  vahiable  benefit  from  Mr.  Barrell,  to  "vvhom 
1  also  endeavored  to  aflbrd  all  the  aid  in  my  power. 
The  result  of  this  inquiry,  from  the  justification  ad- 
vanced, is  that  the  government  of  New-Brunswick  re- 
cognizes the  acts  committed  by  her  magistrates,  and 
adopts  them  in  all  their  bearings.  It  is  now  perfectly 
understood,  that  the  government  of  New-Brunswick 
claims  lo  extend  the  laws  of  the  province  over  a  large 
portion  of  the  territory  of  Maine.  The  operation  is 
not  merely  left  to  inference.  The  design  is  not  af- 
fected to  be  concealed.  The  pretension  is  publicly 
announced  in  official  papers  and  communications, 
speaking  the  unequivocal  language  of  the  government. 
We  have  a  frank  exposition  of  the  views  wjiich  are 
entertained  by  the  British  Minister  in  this  country, 
and  the  sentiments  and  spirit, v*'hich  animate  the  Lieu- 
tenant Governor  of  New-Brunswick.  The  whole 
tract  of  country  which  has  been  the  scene  of  late 
complaints,  is  challenged  as  being  within  the  allegi- 
ance of  His  Britannic  Majesty,  under  his  sovereignty 
and  jurisdiction,  and  subject  to  the  municipal  regula- 
tions and  control  of  his  government.  No  persons  are 
considered  as  laNvfully  residing  therein,  except  by  the 
authority  or  suftorance  of  the  Provincial  Government. 
No  inliabitants  of  this  territory,  whatever  time  they 
have  been  on,  are  deemed  to  be  possessed  of  any  es- 
tate therein,  except  by  virtue  of  the  province  laws. 
No  residents  are  entitled  to  acquire  any  rights  in  real 
estate,  except  British  subjects.  All  other  occupants 
of  the  soil  are  treated  as  trespassers  and  intruder^. 
All  other  inliai)itants  are  liable  to  the  disabilities  of 
aliens  ;  and  to  the  restrictions  imposed  upon  their  ac- 
tions, intercourse,  and  industry,  by  the  enactments  of 
provincial  legislation;  and  likewise  in  respect  to  the 
right  of  bearing  arms.  Every  American  citizen  is 
requircjd  to  report  himself  within  two  months  after  hi.*; 
arrival,  to  a  roginienlal  quarter-master,  and  is  subject- 
ed to  an  annual  aKsessinont  for  the  inainteiirnice  of  the 
provincial  inililiu.  The  residue  of  the  t(.'rritory.  ex- 
5         . 


*  I 


lii 


I 


oeptino  such  small  portions  as  inny  bo  parcelled  out, 
is  roscrvod  as  (.rown  lands;  and  trees  are  forbidden  lo 
be  cut  utnon<r  the  Royal  Forests,  u|)on  the  penally  of 
the  province  la\\s.  (irants  and  licenses  are  wiililicld 
or  suspended  for  profound  considerations.  In  ollur 
resj)eets  the  authority  and  laws  of  the  province  are 
put  in  active  opiTaiion,  and  ass<'rled  in  full  vi;4or. 
This  dcscripiion  is  to  be  understood  as  applying  to  a 
lar^e  part  of  the  State  of  Maine. 

The  consequence  is,  that  the  class  of  cases  con- 
cerning which  the  government  of  Maine  is  anxious  to 
extend  its  inquiry,  is  not  considered  as  coming  within 
the  scope  of  her  constitutional  care  and  cognizance. 
The  individuals,  on  whose  behalf  her  solicitude  is  ex- 
cited, are  intruders  upon  lan;Is  not  within  the  State  of 
Maine.  Although  citizens  of  that  State,  they  have 
put  theu.selvcs  out  of  its  powt  r,  and  lay  no  longer 
claim  to  its  protection  ;  hut  are  liiible  to  be  dealt  w  ith 
only  according  to  the  laws  of  New-13runswick,  and 
pificed  under  its  provincial  police.  This  is  the  broad 
ground  taken  by  the  government  of  that  province. 
While  it  is  certain  that  no  undue  severity  of  motive 
can  be  attributed  to  the  superior  Executive  of  New- 
Bnniswick,  it  is  equally  apparent  that  the  provincial 
government  undertakes  to  exercise  in  all  respects  the 
rights  of  the  most  inconlestible  jurisdiction. 

The  facts  are  shortly  these  :  Citizens  of  3raine  and 
others,  settled  on  lands,  surveyed  and  granted  by  its 
authority,  living  within  its  ancient  and  long  established 
limits,  are  subjected  to  the  operation  of  foreign  laws. 
Tliese  are  applied  to  them  in  the  ordinary  course  of 
civil  process,  in  taking  away  their  property,  and  also 
their  persons.  American  citizens  in  this  State  arc 
proceeded  against  as  aliens,  for  sedition  and  other 
olTcnces  and  misdemeanors  against  the  crown  of  Great 
Britain  ;  and  one  of  them,  a  grantee  of  Massachusetts 
and  jNIaine,  seized  on  the  land  granted,  remains  in 
prison  on  charges  of  that  description.  A  portion  of 
this  State,  of  considerable  magnitude,  is  thus  actually 
incorporated  into  the  adjoining  j)rovince  ;  and  his 
Excellency,  the  Lieutenant  Governor,  a  person  of 
great  virtue,  is  unable  from  his   situation,   to  aflbrd 


a 


I 


35 

the  cxpluiintions  which  tlicsc  acts  obviously  require, 
except  to  those  under  whose  orders  ho  is  placed,  or 
with  whom  he  is  obliged  to  correspond. 

Ill  begj:,ing  leave  to  suhniit  these  circumstances  to 
your  Excellency's  consideration,  and  requesting  per- 
mission to  refer  to  accompanying  papers,  1  a.n  sinsiblo 
of  the  occasion  there  is  to  solicit  your  indulgence  in 
performing  tlie  duty  I  owe  to  yourself  and  to  the  State. 

I  have  the  honor  to  be, 

'  with  the  highest  respect, 

y  .      .      Your  Excellency's 

'    f.      •  most  obedient  servant. 


;  ;   (Signed) 

His  Excellency 

Governor  Lincoln. 


C.  S.  DAVEIS. 


..  !     -i' 


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i. 


STATP  OF  MAINE. 


\  Resolve  in  relation  to  aggressions  upon  the  North-Easterft 

Frontier  of  the  State. 

Whereas  the  sovereignty  of  this  State  has  been  repeatedly 
fiolated  by  the  acts  of  the  agents  and  olFicers  of  tlie  Govern- 
ment of  the  British  Province  of  New  Brunswick,  and  that 
ffovernment,  by  its  agents  and  ofTicers,  has  wantonly  and  in- 
juriously harrassed  the  citizens  of  this  State,  residing  on  the 
North  Eastern  frontier  of  the  sani^,  and  within  its  limits,  by 
.  assuming  to  cxerei  e  jurisdiction  over  them,  in  issuing  and 
executing  civil  and  criminal  process  against  them,  by  wliich 
their  property  has  been  seized,  and  some  of  them  arrested  and 
conveyed  out  of  the  State,  and  subjected  to  the  operation  of 
tl.e  laws  of  that  Province  ;  in  establishing  military  companies 
ivithin  the  Territory  of  this  State  ;  imposing  fines  for  neglect 
of  military  duty  ;  imposing  upon  our  said  citizens  an  alien 
tax,  and  requiring  payment  of  the  same;  and  Whereas,  by  the 
exercise  of  the  aforesaid  unwarranted  acts  of  jurisdiction  by  the 
government  of  the  said  Province,  some  of  cur  citizens  have 
been  deprived  of  their  liberty,  their  propeit)  destroyed,  many 
of  them  driven  from  their  lands  and  dwellings,  the  tranquility 
and  peace  of  all  of  them  disturbed,  and  the  settlement  and 
population  of  that  part  of  the  State  adjoining  said  Province, 
greatly  retarded,  if  not  wholly  prevented:  Tiiereforc, 

Itesolvedy  That  the  present  is  a  crisis,  in  which  tlie  govern- 
ment and  people  of  this  State,  have  good  cause  to  look  to  the 
government  of  the  United  States  for  defence  and  protection 
against  foieign  aggression. 

Resolved  fw'tlicry  Tliat  if  new  aggressions  shall  be  made  by 
the  government  of  the  Province  of  New-Brunswick  upon  the 
territory  of  this  State,  and  upon  its  citizens,  and  seasonable 
protection  shall  not  be  given  by  the  United  States,  the  Gover- 
nor be,  and  he  hereby  is  requested  to  use  all  proper  and  con- 
stitutional means  in  his  power,  to  protect  and  defend  the  citi- 
zens aforesaid  in  the  enjoyment  of  their  rL^hts. 

Resolved  further,  Tiiat,  in  the  opinion  of  this  Legislature,  the 
Execntivc  of  the  United  States  ought,  without  delay,  to  de- 
mand of  the  British  Government  the  immediate  restoration  of 
John  Baker,  a  citizen  of  this  State,  who  has  been  seized  by 
the  oflicers  of  the  Province  of  New-Brun<;wick,  within  the 
territory  of  the  State  of  Maine,  and  by  them  conveyed  to 
Frcdcricton,  in  said  Province,  where  he  is  now  eonfined  in 
prison  ;  and  to  take  such  measures  as  will  efl'cct  his  early 
release. 


■Hiiniiiiiiii 


■MP 


^  Resolved  further^  That  the  Governor  be,  and  he  hereby 
is,  authorized  and  requested,  with  the  advice  and  consent 
of  Council,  from  time  to  time,  to  extend  to  the  family  of  tho 
said  John  Baker,  such  relief  as  shall  be  deemed  necessary  • 
and  he  is  hereby  authorized  to  draw  his  warrant  on  the  Trea- 
sury for  such  sum  or  sums  as  shall  be  required  for  that  pur- 
pose. 

In  the  House  of  Representatives,  Feh.  16,  1828. 

Read  and     .ssed. 

JOHN  RUGGLES,  Speaker. 
Attest,  James  L.  Child,  Clerk. 

In  Senate,  Febniary 'iS,  1828. 
Read  and  passed. 

ROBERT  P.  DUNLAP,  President. 
Attest,  Ebenezer  Hutchinson,  Sec^ry. 
February  18,  1828— Approved. 

ENOCH  LINCOLN, 


r~" 


